Who Is To Blame If I’m Hit By a Car While I’m Jaywalking?
You’re jaywalking and a car hits you. While you were jaywalking, you may not be the only one to blame. Here are the rules you need to know about crosswalk laws in California.
The Rights and Duties of Pedestrians Vs. Drivers
Per Statute 1959, Chapter 3, pedestrians must yield to vehicles when entering a roadway. You are obligated to stop and wait for traffic before you cross a road. If you are in a marked or unmarked crosswalk that’s in an intersection, the rule changes and vehicles must watch for you.
Regardless of this law, there is another rule that states drivers are not relieved of their duty to keep pedestrians safe. If you’re jaywalking, you could be issued a ticket for jaywalking, but a driver that hits you can still be at fault for not being cautious and avoiding a collision with you.
Drivers also have to be attentive. They cannot use a cell phone while driving. If the driver is texting and hits you, it changes the dynamics. Distracted driving is illegal. A driver needs to have full attention on the road and not trying to set up GPS, get something out of the glove box, or call a friend while the car is in motion. If the driver is stoned, high, or intoxicated, the driver is also guilty of breaking the law. Impaired driving also occurs with some prescription and over-the-counter medications. It’s important to remember that a distracted or impaired driver may be responsible for your injuries while you were jaywalking.
What Do You Do If You’re Hit by a Car While Crossing a Street?
Many accidents between cars and pedestrians cause serious injuries. The vehicle is much heavier than you are. At higher speeds, traumatic injuries are common. Compound fractures, traumatic brain injuries, internal injuries, and crushed bones are possible. Even at slower speeds, you can still suffer fractures, contusions, head injuries, and cuts/scrapes.
On top of the physical injuries, you may find yourself suffering from anxiety when a car passes you. Both these physical and mental injuries need to be addressed. You cannot let the cost of medical care keep you from seeking vital treatments.
Remember that you’ll be stressed and filled with adrenaline after you’ve been hit. Seek medical attention as a precaution. It’s better to have an expert’s opinion and know some of the warning signs to be aware of in the next few days. After a few hours pass, you might find yourself feeling dizzy or nauseous because of a concussion. Your sore ankle may end up being a fracture that needs a splint.
Some of the things you can do after being hit by a car depend on the situation. If you’re okay and walking around, you can ask witnesses for their names and contact information. You can take photos of the scene and get the driver’s information. If you’re hurt, you won’t be able to do this. If you have friends or family members with you, they may be able to do it for you. If not, you need to rely on police photos and notes. Make sure you get the investigating officer’s card at the hospital or at the scene. You’ll need it later.
File a claim against the driver’s insurance company. Again, while you may have been jaywalking, the driver still needs to take care and watch for pedestrians. If a driver is texting or impaired in some way, it impacts the accident. Had the driver been attentive and not impaired in any way, would the accident still have happened?
In some situations, you’re within your rights to ask the driver’s insurance company to pay for your lost wages and medical expenses. Your health insurance may also pay for your injuries. For the best outcome, you do need a doctor to assess you. You also need to follow the doctor’s instructions and keep copies of all paperwork so that there is proof the injuries are tied to the accident and that you’ve taken the appropriate steps to recuperate.
Talk to an Experienced Attorney
You’re in pain. You’re missing work and trying to pay for medical bills. This is why it’s important to talk to a personal injury attorney who specializes in pedestrian vs. car accidents. An attorney knows the nuances of the laws and helps you get a fair settlement.
Carpenter & Zuckerman wants to make sure you’re getting fair treatment after a car accident. The personal injury attorneys protect their clients from unfair settlement offers.
When an insurance company is more worried about protecting their finances than paying what you deserve, there’s a problem. You don’t pay any fees for a consultation. You only pay a contingency fee if the attorneys win. Call 888-CZR-FIRST to learn more.